Ensuring Independence of the Judiciary
Non-interference from Other Branches of Government
Independence of the judiciary necessitates that other branches of government, such as the executive and legislature, refrain from unduly influencing or restraining its functioning. Judges must be able to perform their duties without fear or favor, and their decisions should be free from external pressures.
Appointment Process
The Indian Constitution has instituted measures to ensure the independence of the judiciary, particularly in the appointment of judges.
The involvement of the legislature in this process is minimal, aiming to mitigate the influence of party politics. Candidates are selected based on their legal expertise rather than their political affiliations.
Security of Tenure
Judges enjoy security of tenure, holding office until they reach the retirement age. This provision shields them from arbitrary removal and enables them to adjudicate cases without apprehension of reprisal.
The stringent procedure for the removal of judges underscores the importance of judicial independence.
Financial Autonomy
The judiciary’s financial independence further reinforces its autonomy. Salaries and allowances of judges are not subject to legislative approval, ensuring that the judiciary remains immune to financial coercion or manipulation.
Why do we need an Independent Judiciary?| Class 11 Polity Notes
Disputes are inherent in any society, and the resolution of these conflicts is pivotal for maintaining social order and justice. However, to ensure fairness and equality before the law, an independent judiciary is indispensable.
The reasons why we need independent judiciary has been discuss thoroughly in the following article!